Auctioneer License Law

Alabama Statutes
Title 34. PROFESSIONS AND BUSINESSES
Chapter 4. AUCTIONEERS
Article 1. General Provisions
Current through 2013 Legislative Session
§ 34-4-1. Short title

This chapter shall be known and may be cited as the Auctioneers License Act.

Cite as ALA. CODE § 34-4-1 (1975)

History. Acts 1973, No. 811, p. 1236, §1.

Related Legislative Provision: See Act 2012-97, §1.

§ 34-4-2. Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed by this section:

(1)     AUCTIONEER. Any person who has graduated from an accredited auction school and has one year's experience as an apprentice auctioneer or has two years' experience as an apprentice auctioneer in bid calling, for a fee, commission or any other valuable consideration, or with the intention or expectation of receiving the same, by the means of or process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property or of any other commodity which may lawfully be kept or offered for sale by or at public auction.
(2)     BOARD. The State Board of Auctioneers.
(3)     APPRENTICE AUCTIONEER. Any person who for compensation or valuable consideration or otherwise is employed, directly or indirectly, by an auctioneer to deal or engage in any activity listed in subdivision (1) of this section.
(4)     GOODS. Any chattels, goods, merchandise, real or personal property or commodities of any form or type which may lawfully be kept or offered for sale.
(5)     PERSONS. Individuals, associations, partnerships, and corporations, and the word "persons" shall also include the officers, directors, and employees of a corporation.
(6)     AUCTION BUSINESS or BUSINESS OF AUCTIONEERING. The performing of any of the acts of an auctioneer or apprentice auctioneer as defined in this section.
Cite as ALA. CODE § 34-4-2 (1975)

History. Acts 1973, No. 811, p. 1236, §2.

§ 34-4-3. Exemptions from chapter

The provisions of this chapter and the terms "auctioneer," "apprentice auctioneer," "auction business or business of auctioneering," as defined in Section 34-4-2, shall not apply to and shall not include any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person acting under order of any court, nor shall they include a trustee acting under a trust agreement, deed of trust or will, nor shall they include sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree.

Cite as ALA. CODE § 34-4-3 (1975)

History. Acts 1973, No. 811, p. 1236, §4.

§ 34-4-4. Enforcement of chapter

The Board of Auctioneers is hereby authorized and empowered to adopt, fix, and establish all rules and regulations necessary for the proper administration and enforcement of this chapter.

Cite as ALA. CODE § 34-4-4 (1975)

History. Acts 1973, No. 811, p. 1236, §7.

§ 34-4-5. Actions for collection of compensation

No person engaged in the business of or acting in the capacity of an auctioneer or an apprentice auctioneer shall bring or maintain any action in the courts of this state for the collection of compensation for any services performed as an auctioneer or apprentice auctioneer without first alleging and proving that he or she was a duly licensed auctioneer or apprentice auctioneer at the time the alleged cause of action arose. No apprentice auctioneer shall have the right to institute an action in his or her own name for the recovery of a commission, fee, or compensation for services as an apprentice auctioneer, but any such action shall be instituted and brought by the licensed auctioneer employing the apprentice auctioneer. Nothing contained herein shall be construed so as to prevent a licensed apprentice auctioneer from suing his or her employing auctioneer for any compensation, fees, or commissions due him or her from such auctioneer.

Cite as ALA. CODE § 34-4-5 (1975)

History. Acts 1973, No. 811, p. 1236, §20.

§ 34-4-6. Limitation on authority of political subdivisions

No political subdivision of this state shall have the power or authority after September 5, 1973, to levy or collect any license tax from or to require the licensing in any manner of any auctioneer who has been licensed and bonded under this chapter in lieu of the license tax or license fee heretofore imposed by any political subdivision.

Cite as ALA. CODE § 34-4-6 (1975)

History. Acts 1973, No. 811, p. 1236, §24; Act 98-271, p. 440, §1.

§ 34-4-7. Penalties

(a)     Any person violating this chapter, shall, upon conviction, be guilty of a Class A misdemeanor, subject to a fine or imprisonment, or both.
(b)     Any person, having previously been convicted for violating this chapter, who subsequently violates this chapter, shall, upon conviction for the subsequent violation, be guilty of a Class C felony, subject to a fine or imprisonment, or both.
Cite as ALA. CODE § 34-4-7 (1975)

History. Acts 1973, No. 811, p. 1236, §22; Act 98-271, p. 440, §1.